Judge Stephen Herrick dismissed the 33-count indictment against five pharmacy operators from Florida on Monday, ruling that the defendants' federal civil lawsuit against District Attorney David Soares' office created a "conflict of interest" that merits removing Albany County prosecutors from the case.

In a six-page decision, Herrick decided the indictment against the former owners of Signature Compounding Pharmacy in Orlando can still be brought -- but by Saratoga County District Attorney James Murphy, named as a special prosecutor.

Whether Murphy decides to take the case or not, the judge made it clear Soares' office is disqualified, prompting the Albany prosecutor to blast the ruling.

"Judge Herrick's decision is a get-out-of-jail-free card for every criminal defendant in New York state,' Soares said in an e-mailed statement. "His message to defendants is: 'if your DA is being too tough on you, sue him, and you can get a new one.'

"The court's decision undermines the criminal justice system and the DA's who represent the interest of the people they serve. We are seeking immediate relief from Judge Herrick's decision and to close this dangerous loophole that he has created."

Soares office indicated it would appeal the decision.

In the ruling, Herrick stated he found "demonstrable potential for prejudice and a conflict of interest that the court cannot ignore."

"When an impermissible conflict of interest has been established, disqualification of the district attorney's office becomes necessary to prevent the undermining of the public confidence in our criminal justice system," Herrick stated. "In the present matter, the court has found a conflict of interest sufficient to warrant dismissal of the indictment. Likewise, the court finds that this demonstrated conflict of interest warrants disqualification of the Albany County district attorney's office from further prosecution of this matter."

The steroids case started in February 2007 with a raid on the pharmacy. The case linked elite professional athletes to performance-enhancing drugs that were allegedly supplied through Signature.

The indictment against the defendants alleged steroids were sent from Florida to Colonie, Cohoes and Albany in 2005 and 2006. At least 17 guilty pleas were later secured by prosecutors.

Herrick dismissed the indictment against the remaining defendants in September 2008, finding prosecutorial missteps were made in grand jury proceedings.

An appeals court later upheld his decision but allowed Albany County prosecutors to once again present the case to a grand jury.

Prosecutors presented the case again and, in June, a grand jury indicted ex-pharmacy operators Naomi Loomis, her husband, Robert "Stan" Loomis; his brother and former Signature pharmacy operator, Kenneth Michael Loomis; former business manager Kirk Calvert; and former business manager Tony Palladino.